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Industrial and Intellectual Property - LAWS2021
Overview
Enrolment Requirements
LAWS1081, LAWS1082; or LAWS3010
Units of Credit: 8
Description
Industrial and intellectual property (IP) is an elective subject usually taken in the final year of enrolment. IP has become one of the most important areas of commercial legal practice, and is vital to the marketing, advertising, entertainment and communications industries. This course aims to introduce students to each of the general law and statutory protections outlined below. There are increasing interrelationships and overlaps between these laws, particularly because of the Trade Practices Act. For each of the heads of protection, the course gives detailed consideration to the subject matter which is protected, the pre-conditions for protection, and the nature of infringement. Other matters such as remedies, licensing and international protection are dealt with briefly but cannot be examined in detail in a one semester course. Various justifications for these forms of property are also considered, particularly in the context of new or developing forms of intellectual property.
Objectives
The general aims of this course are to:
- Develop skills in understanding the complexities of IP law
- Critique the major doctrinal, theoretical and policy arguments relating to the various categories of IP
- Foster debate about the adequacy of the current state of IP law
- Canvass ways in which the law might be improved
On the completion of study of each area students should be able to:
- Effectively identify the kind and type of IP problem presented
- Locate the relevant statutory provisions
- Discuss difficulties that may arise in application
- Identify potential for further law reform
- Be aware of the practical limits of statute and litigation in resolving IP disputes
- Note the economic realities that lead to particular outcomes
Main Topics
- Copyright
- Designs
- Confidential information
- Patents
- Trade marks
- Business reputation
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